to sheriffs.

allowed by law for the conveyance of convicts to the penitentiary of the State, which shall be paid out of the parish treasury upon the Compensation order of the district or parish judge, and likewise all other expenses previously incurred in bringing said insane person before the district or parish judge.

D. sec. 769, 1965, 3574.

board to receive

SEC. 1769. The board of administrators shall have authority to receive insane persons, not sent to the asylum by a district or parish Powers of the judge, on such terms and conditions as they may deem fit to adopt; lunatics in cerand money so received shall be applied to the support of the institution.

tain cases.

amounts to be

paid by the lu

natics.

SEC. 1770. All persons received in the asylum as insane shall be Monthly charged at a rate not less than ten dollars a month, unless the police jury of the parish from whence the insane person came, a municipal council, if from a city or towr, or clerk of the court, shall certify that digent circumsaid person is in indigent circumstances,

SEC. 1771. Whenever application is made to the clerk for a certificate as above stated, it shall be his duty to examine, under oath, such witnesses as may be brought before him, and to give or refuse said certificate, as the case may in justice require; and the said clerk is empowered, whenever he shall deem the same necessary, to summon before him, as in ordinary cases, any witness necessary, and said certificate so given shall entitle the person therein named to admission into the lunatic asylum without charge.

Persons in in

stances except

ed.

Duties of clerks

of district

courts relative

to the admis

sion of lunatics

in the asylum.

Persons enter

closures, etc.,

mayor or any

SEC. 1772. If any person shall, without permission, enter any of the buildings or enclosures appropriated to the use of the patients, or ing any of the shall make any attempt to do so, or shall enter anywhere upon the buildings, enpremises belonging to said asylum, and commit or attempt to commit of the asylum, how punished. any trespass or depredation thereon, or if he shall, either from within or without the enclosure, annoy or disturb the quiet of any patient Duties of the confined therein, upon conviction thereof, before the mayor or any justice of the peace in the justice of the peace in the town of Jackson, he shall be condemned to town of Jackpay a fine not less than five nor more than one hundred dollars, for the use of said asylum, subject to appeal to the district court as in other cases. And the district court shall have concurrent jurisdic- the district tion over the offending party, and in pronouncing judgment may im- court. pose a fine and imprisonment in the parish jail for a term not less than ten nor more than thirty days, or both. at the discretion of the court.

son relative to persons thus offending.

Jurisdiction of

Persons se

SEC. 1773. If any person shall abduct or seduce any patient to elope or escape from said asylum, or shall attempt to do so, or shall aid or assist therein, every such person shall, upon conviction thereof, cape from the

ducing any patient to es

278

asylum, how punished.

Letting out contracts.

No contract to

be condemned to pay a fine of not less than fifty dollars nor more than five hundred dollars, for the use of said asylum, and at the discretion of the court be imprisoned in the parish jail not less than one month nor more than six months, or both, at the discretion of the court.

SEC. 1774. In all contracts for work to be let out by the board of administrators, the said board shall cause specifications to be made of the work to be done, and shall advertise the same for one month previous to letting out of the contract in a newspaper published in the parish of East Feliciana and by notce posted up in the town of Jackson during the same time; and the parties wishing to bid for such contract shall be required to make their bids by sealed proposals, which shall be opened at a public meeting of the board by the president, on a day previously fixed, and the contract shall be awarded to the lowest solvent bidder, who shall give bond and security for the faithful execution of the same according to the published specifications.

Act 1865, p. 217; Act 1877, p. 14, No, 9.

SEC. 1775. Hereafter the board of administrators or any officer of the asylum shall have no power to contract any debt, borrow money, be entered into issue drafts, or make any contract or incur any liability connected beyond the ap propriation of with the administration of said asylum, beyond the amount approthe legislature. priated by the legislature and the revenue of the institution for such purposes; and no, such contract, debt or liability thus incurred by any of said officers shall be binding on the State, nor shall the State in any manner be liable for the same.

SEC. 1776. The physician of the asylum shall professionally examine the lunatic or insane person sent to the asylum by the authority The physician of the district or parish judge, and if, in his opinion, said person is of the asylum

sion.

shall profes. only feigning insanity, being a person charged with a felonious crime, sionally examine the appli- he shall report to the board, who shall investigate the facts, and if, cants for admis- in the judgment of the majority, said person should not be admitted as an inmate of the asylum, the president of said board shall cause such person feigning insanity, and who had been previously comDisposal of per- mitted to prison for a crime, to be confined in the parish jail, and shall immediately inform the president of the police jury of the parish, or the proper authority in the parish of Orleans, where the rejected person has his domicile, of the fact and the reason of his rejection; and the provisions of this section shall also apply to such persons charged with a crime who afterwards recover and become sane in said asylum.

sons charged

with a crime and feigning

insanity.

SEC. 1777. The sheriff of East Feliciana or his deputy shall, with

conveyed to his

in reasonable delay, convey said person feigning insanity to the par- He shall be ish of his domicile, for which duty the sheriff shall have the right to domicile. demand the same fees which are now allowed by law for the conveyance of convicts to the penitentiary of the State, which shall be paid out of the parish treasury, on the order of the president of the police jury of the parish of the domicile of the person rejected by the board of administrators, or the proper authority in the parish of Orleans.

SEC. 1778. (Courts to send insane persons to the lunatic asylum in certain cases.) See D. 993.

Act 18855, p. 151.

SEC. 1779. (Grand juries to inform the court when bills not found on account of insanity.) See D. 994.

SEC. 1780. (Juries acquitting on account of insanity so to state in their verdict.) See D. 995.

INSOLVENT LAWS.

SEC. 1781. Any judgment creditor who shall have issued execution? which has been returned "no property found," after due demand, shall have the right to compel his debtor to make a surrender of his prop- compelled to Debtors, how erty, by proceeding in the following manner: The creditor shall pre- der. make a surre sent his petition to the court, or to the judge, at chambers, having jurisdiction of the debtor's domicile, and shall allege that he is a judgment creditor of the.debtor and for what amount; that execution has issued and been returned "no property found," after due demand; that he has reason to believe that the debtor has property or assets that may be made available to his creditors; and shall conclude with a prayer that the debtor be ordered to surrender his property to his creditors; all of which shall be verified by the oath of the petitioning creditor or his attorney. And in order to ascertain who are the creditors of said debtor the judge shall order the debtor to file a schedule of his creditors within a delay to be fixed by the judge, together with their residences and the sums due them; and in case all or a part of his debts consist of obligations in the shape of negotiable instruments, the holders of which are unknown to him, he shall give an accurate description of the same under oath; and should the debtor fail or refuse to comply with this order, he shall be proceeded against as provided for in this act for failure to make a surrender.

Provided.

The judge shall thereupon order that a meeting of the creditors take place before a notary public of the debtor's domicile, to be held in the same form and manner as in cases of voluntary surrender; at which meeting a majority of the creditors, in number and amount, shall determine whether the surrender of his property shall be made to his creditors. In such case the proces verbal of the deliberations of the creditors shall be homologated in the court ordering the meeting, and the judge shall thereupon order the debtor to make a surrender of his property to his creditors within a time to be fixed by him; provided, that in all cases where a majority of the creditors, in number and amount, shall oppose the surrender, the costs shall be paid by the party making the application.

C. C. 3098 (3065); D. sec. 688, 731, 1612; Act 1866, p. 141; R. S. of U. S., sec. 4972-5013; 34 A. 130.

Debtor refusing SEC. 1782. Should the debtor fail or refuse to make a surrender to make a surrender may within the time fixed by the judge he shall order the debtor to prison, ordered to pris- there to remain until he shall obey the order.

on.

Manner in

be

which surren. der shall be

made, accepted,

etc.

Act 1855, p. 318.

SEC. 1783. The surrender shall be made and accepted, syndics elected and all proceedings conducted in accordance with laws governing voluntary surrenders; and all laws, rules of proceeding, penalties, etc., governing voluntary surrenders, shall apply to forced surrenders in the same manner and as fully as though a voluntary surrender had been made.

Surrender of

VOLUNTARY SURRENDER.

SEC. 1784. Any person may make a cession of his property to his property, how creditors, provided the surrender be made bona fide, without fraud and agreeably to the formalties prescribed hereafter.

made.

Petition for

surrender, its contents, and to whom presented.

Schedule and its contents.

C. C. 3085 (3052); Act 1855, p. 432; D. sec. 1936.

SEC. 1785. Every debtor who shall wish to make a surrender of his estate to his creditors shall present his petition for that purpose to any judge having jurisdiction, which petition shall briefly state the circumstances which oblige him to make a surrender, and conclude with a prayer to be allowed to call a meeting of his creditors, at such time and place as the court may direct, in order that he may lay before them a statement of his affairs and surrender to them his estate; and, in the meantime, all proceedings against his person and property shall be stayed.

SEC. 1786. The debtor shall annex to his petition his schedule—that is to say, a summary statement of his affairs and the losses he may have experienced, mentioning the names of his creditors, their places

of residence and the amount of their respective claims; and the schedule shall besides contain a statement of all his property, as well movable as immovable, and his rights and actions (except those which hereinafter are secured to him), together with a mention of the approximate value of the property by him assigned.

SEC. 1787. The debtor is not obliged to comprehend in his surren- What property excepted. der any property that is not subject to be seized and sold on execution against him.

SEC. 1788. The schedule shall be signed by the debtor, if he can Schedule must be signed and write, and be by him sworn to or affirmed, before any judge or justice sworn to by the of the peace, in the following words, or others of the same meaning, to-wit:

debtor.

"I, A B, do solemnly swear or affirm (as the case may be) that the Oath. above schedule contains a correct and faithful statement of all the property I possess, either in movables or immovables, or in other rights or claims, except, however, those articles which the law authorizes me to keep. And I do further solemnly swear that the schedule contains a correct and faithful statement of my active and passive debts, and of the losses I have experienced in my affairs, and that I have neither directly nor indirectly diverted any of my property to the injury of my creditors. So help me God."

And the judge or justice of the peace who shall receive such oath shall certify the same, and cause it to be signed by the debtor, or else declare the reason why he could not sign.

D. 1746.

SEC. 1789, Whenever the judge shall be convinced that the debtor who wants to surrender his property has complied with all the form- Judge to order a meeting of alities prescribed, he shall endorse on the schedule that the cession creditors and toaccept the surof all the property of the insolvent is accepted for the benefit of his render. creditors, and shall order a meeting of the creditors to be called in the manner and within the time prescribed for respites (civil code, article 3051 et seq.) He shall also appoint an attorney to represent the creditors absent. or residing out of the State, if there be any mentioned in the schedule; creditors represented in the parish shall be considered as residing therein.

D. sec. 1746; C. C. 3084 (3051); 34 A. 687.

SEC. 1790. When issuing the order for the meeting of the creditors Proceedings against the the judge shall order that all the proceedings, as well against the per- person and son as against the property of the debtor, be stayed.

property of the debtor to be stayed.

SEC. 1791. From and after such cession and acceptance all the property of the insolvent debtor mentioned in the schedule shall be Property of the debtor vested fully vested in his creditors; and the syndic shall take possession of in the creditors.